Current Status Bill Number:4463 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960118 Primary Sponsor:Allison All Sponsors:Allison, Wells, Limbaugh, Seithel, Simrill, Shissias, Hallman, Cotty, Bailey, Lanford, Meacham, Law, Lee, Littlejohn, Fleming, Walker, Wofford, Stuart, Chamblee, Vaughn, Sandifer, Stille, Dantzler, Fulmer, Townsend, Tucker, Davenport, Thomas and Phillips Drafted Document Number:DKA\3433CM.96 Companion Bill Number:1125 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Victim impact statements
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960118 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 16-3-1550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO PROVIDE THAT A STATEMENT MAY BE CONSIDERED AT A SENTENCING OR DISPOSITION HEARING IN FAMILY COURT, AND A COPY OF A STATEMENT MUST BE FORWARDED TO THE BOARD OF JUVENILE PAROLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-1550(B) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in General Sessions Court, Family Court, and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In cases where the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, and to the Probation, Parole, and Pardon Services Board, and to the Board of Juvenile Parole. Solicitors shall begin using these victim impact statements no later than January 1, 1985."
SECTION 2. This act takes effect upon approval by the Governor.